Federal Agency Decisions
Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental appeals from the EPA's Environmental Appeals Board, each with a plain-English summary, the standards it cites, and whether it counts as precedent. More agencies are coming.
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Minutemen Coal Co., Inc.
Dust-filter settlement approved and contest dismissed
Minutemen Coal Co., Inc. contested a citation alleging deliberate tampering with dust-filter media at its No. 4 Mine. The company denied deliberately tampering with or altering the filters, and the parties disputed the degree and existence of negligence. Judge James A. Broderick approved a…
Wyoming Fuel Company
Settlement approved and contests dismissed
Wyoming Fuel Company contested four citations involving alleged deliberate tampering with dust filter media at its Golden Eagle Mine. The company denied deliberately altering the media but agreed to pay $5,200 in civil penalties, without admitting the allegations for purposes outside civil matters…
Lambert Coal Company
Settlement approved with $8,250 penalty
The Secretary alleged that Lambert Coal Company altered the weight of respirable dust samples submitted as part of its sampling requirements at five mines. The five dockets covered ten alleged violations of 30 C.F.R. § 70.209(b), and the operator denied deliberately tampering with or altering the…
Koch Carbon, Inc. - Koch Raven Division
Settlement approved with $960 penalty
Koch Carbon's Raven No. 1 Mine was involved in a civil penalty proceeding concerning an alleged violation of 30 C.F.R. § 71.209(b). The Secretary alleged that the operator altered the weight of a respirable dust sample, while the operator denied deliberately tampering with the dust filter media…
Lanham Coal Company, Inc.
Tarping citation vacated on remand
Lanham Coal operated a surface coal mine where truck drivers covered loaded coal trucks with tarps. A driver fell about 10 feet while tarping a truck and later died for reasons unrelated to the fall. MSHA cited the company under 30 C.F.R. § 77.1710(g) for not requiring safety belts or lines. On…
Ruby Helen Coal Company
Proceedings stayed pending criminal case
Ruby Helen Coal Company was involved in contest proceedings and a civil penalty proceeding concerning its Mine No. 1 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor…
Sunrise Mining, Inc.
Proceedings stayed pending criminal case
Sunrise Mining asked to stay a group of contest proceedings and a civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty proceedings tied to the dust…
Shady Lane Coal Company
Proceedings stayed pending criminal case
Shady Lane Coal Company asked to stay two contest proceedings and a civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty proceedings tied to the dust…
Classic Coal Corporation
Proceedings stayed pending criminal case
Classic Coal Corporation was involved in contest proceedings and a civil penalty proceeding concerning its Mine No. 1 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor…
American Carbon Corporation
Proceedings stayed pending criminal case
American Carbon Corporation asked to stay a civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty proceedings tied to the dust sampling violations and…
Black Nugget Mining, Inc.
Proceedings stayed pending criminal case
Black Nugget Mining, Inc. was involved in a civil penalty proceeding concerning its Mine No. 1 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor agreed to move to…
Good Times Mining, Inc.
Proceedings stayed pending criminal case
Good Times Mining asked the judge to stay a pending civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty proceedings connected to the dust sampling…
L & L Energy OF Hurley, Inc.
Proceedings stayed pending criminal case
L & L Energy of Hurley, Inc. was involved in a civil penalty proceeding concerning its Mine No. 2 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor agreed to move to…
Sunset Land & Coal Company
Proceedings stayed pending criminal case
Sunset Land & Coal Company asked to stay a group of contest proceedings and a civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty proceedings tied to…
Red Dog Coal Corporation
Proceedings stayed pending criminal case
Red Dog Coal Corporation was involved in contest proceedings and a civil penalty proceeding concerning its Mine No. 3 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor…
Delbarton Mining Corp.
Proceedings stayed pending criminal case
Delbarton Mining Corp. was involved in a civil penalty proceeding concerning its Mine No. 1 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor agreed to move to dismiss…
Dotson & Rife Coal Co., Inc.,
Proceedings stayed pending criminal case
Dotson & Rife Coal Co. operated Mine No. 1 and asked to stay a group of contest proceedings and a civil penalty proceeding after entering an agreement to plead guilty to a conspiracy charge involving its dust sampling program. The Secretary of Labor agreed to seek dismissal of pending civil penalty…
Edd Potter Coal Company
Proceedings stayed pending criminal case
Edd Potter Coal Company was involved in contest proceedings and a civil penalty proceeding concerning its Mine No. 2 dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of Labor…
Red Dog Coal Corporation
Proceedings stayed pending criminal case
Red Dog Coal Corporation was involved in a contest proceeding and a civil penalty proceeding concerning its Mine No. 3-A dust-sampling program. The company stated that it had entered an agreement to plead guilty to conspiracy to defraud the Mine Safety and Health Administration. The Secretary of…
Contests of Respirable Dust Sample Alteration Citations
Privilege rulings reconsidered and documents ordered produced
This master-docket discovery order concerned documents related to alleged alteration of respirable coal mine dust samples. Judge James A. Broderick granted the Secretary's motion to reconsider earlier privilege rulings after reviewing the documents in camera. He kept three documents protected as…
Contests of Respirable Dust Sample Alteration Citations
Master discovery plan adopted for respirable dust sample alteration cases
This master-docket order governed discovery in cases involving alleged alteration of coal dust filter media. Judge James A. Broderick adopted a discovery plan covering document repository access, filter examination and nondestructive testing, depositions, expert reports, and later case-specific…
Contests of Respirable Dust Sample Alteration Citations
Discovery deadlines extended for mine operators
This master-docket order extended discovery deadlines for mine operators involved in cases alleging alteration of respirable dust samples. Judge James A. Broderick gave operators who joined the case between June 28 and September 17, 1991, 40 days from September 17 to respond to discovery, inspect…
Contests of Respirable Dust Sample Alteration Citations
Privilege rulings reconsidered and documents ordered produced
This master-docket discovery order addressed documents concerning alleged alteration of respirable dust samples, including materials related to 30 C.F.R. § 70.209(b). Judge James A. Broderick granted reconsideration of earlier privilege rulings, upheld protection for some investigative…
Duininck Brothers, Inc.
Noise citations affirmed
Duininck Brothers operated sand and gravel crushing units where a tractor operator and a bulldozer operator were exposed to noise above the regulatory limit. The judge found that personal hearing protection did not remove the need to use feasible engineering or administrative controls, and that…
Contests of Respirable Dust Sample Alteration Citations
Discovery motions partly granted
This order addressed several contestants' motions to compel discovery in a master docket involving alleged alteration of respirable dust samples. Judge James A. Broderick upheld the Secretary of Labor's privilege claims for specified documents, ordered other documents submitted for in camera…
Consolidation Coal Company
Three citations resolved with settlements and an affirmed violation
Consolidation Coal operated the Blacksville No. 1 underground coal mine. The judge approved settlements for two citations, including a reduced $350 penalty for an accumulation of loose coal and float coal dust and a $276 penalty for failing to report a hazardous roof condition during a weekly…
Andersen Sand & Gravel Company
Berm violation affirmed with $500 penalty
Andersen Sand & Gravel operated a seasonal sand-and-gravel pit and dredging plant in Michigan. A berm was missing along 10 to 50 feet of a roadway bank beside a lake, where the drop-off was about 12 feet. The judge found that the condition violated 30 C.F.R. § 56.9300(a), which requires berms or…
Consolidation Coal Company
Settlements approved and citations partly modified
Consolidation Coal's five related dockets involved settlements and a contested roof-support order at the Blacksville No. 1 and No. 2 Mines. Judge James A. Broderick approved the proposed settlements, vacated one overlapping citation, and affirmed the remaining settled citations. On the contested…
OK & WV Coal Company
Fatal electrical-accident violations affirmed with $2,600 penalties
OK & WV Coal operated an underground coal mine where an electrician worked on a continuous miner's energized electrical panel. The electrician received a 450-volt shock and was pronounced dead at the hospital. Judge James A. Broderick found that the equipment should have been deenergized and that…
Reynolds Metals Company
Michael P. Damron v. Reynolds Metals Company (FMSHRC CENT 89-131-DM): Discrimination complaint dismissed on remand
Michael P. Damron alleged that Reynolds Metals discharged him for refusing to operate a ball mill near hazards involving falling objects and a metal detector. On remand from an earlier Commission order, Judge James A. Broderick credited the general supervisor's testimony that Damron was authorized…
Rochester & Pittsburgh Coal Company
Escapeway citation vacated and three citations modified
MSHA cited Rochester & Pittsburgh Coal over escapeway clearance at the Greenwich Collieries No. 2 Mine and over electrical equipment near a coal rib. Judge James A. Broderick found that the evidence did not establish that the alternate escapeway failed to allow passage of a disabled person, so he…
Beech Fork Processing, Inc.
Settlement approved at $8,000
Beech Fork Processing faced penalties across three dockets involving 39 violations. The parties proposed reducing the total assessment from $10,123 to $8,000 because the operator was experiencing financial difficulties and might have been forced to stop operating if it had to pay the full amount…
Thomas J. Tabor, Jr.
Contest dismissed because miner could not challenge company citation
Thomas J. Tabor, Jr., a section foreman, filed a contest concerning a withdrawal order and citation issued to Consolidation Coal Company. The citation alleged a violation of 30 C.F.R. § 75.202(a), and Tabor argued that he could challenge its validity. Judge James A. Broderick held that a miner may…
C. W. Mining Company
Mixed citation results with $1,178 in penalties
C. W. Mining operated the Bear Canyon No. 1 underground coal mine, where MSHA alleged violations involving shuttle-car arcing, a disabled methane monitor, permissibility defects, and combustible accumulations on a bobcat. Judge James A. Broderick vacated the shuttle-car citations because the…
Consolidation Coal Company
Discrimination settlement approved with back pay and penalty
Willard Gennoy complained to Consolidation Coal management about allegedly unsafe conditions and equipment at the Arkwright No. 1 Mine. Under the settlement, Judge James A. Broderick found that Gennoy had engaged in protected activity and that Consol illegally discriminated against him by…
Lang Brothers, Inc.
Contractor citations affirmed with $234 penalty
Lang Brothers, a heavy construction company that cleaned and plugged gas wells for a coal mine, was cited for equipment and safety violations during two well-plugging projects. The ALJ held that Lang was an independent contractor performing services integral to coal extraction and was therefore…
Cantu Materials, Inc.
Default discrimination order and back pay affirmed
Cantu Materials was found in default after failing to answer a discrimination complaint or respond to an order to show cause. The judge had previously found that the company discharged Bobby Coulter for activity protected by section 105(c)(1) of the Mine Act and ordered record expungement, a $600…
Lanham Coal Co., Inc.
Safety-belt citation affirmed
Lanham Coal hired an independent trucking company to haul coal from its surface mine. A truck driver fell about 10 feet while covering a load and was not wearing a safety belt or line. Judge James A. Broderick found that the Mine Act allowed MSHA to cite the production operator for an independent…
France Stone Company
Settlement approved after fatal accident
France Stone Company faced two citations arising from a fatal accident at a stone quarry stockpile. One citation alleged that the dumping area lacked an adequate berm after a truck traveled about 40 feet down to the quarry floor, and the other alleged that the truck driver was not wearing a seat…
Kenta Energy, Inc. and Roy Dan Jackson
Back pay and interest awarded on remand
The Commission remanded Robert Simpson's discrimination case for a decision on appeal-related attorney fees and the amount of back pay and interest due. Judge James A. Broderick accepted Simpson's uncontested calculations and found that he had not been reinstated or offered reinstatement. He…
Green River Coal Co., Inc.
Trailing-cable lockout violation affirmed
At Green River's No. 9 underground coal mine, a mechanic and a roof bolter worked on a trailing cable while the disconnecting device was not locked out or tagged. Judge James A. Broderick found a violation of 30 C.F.R. § 75.511 and considered the mine's violation history and other penalty factors…
Reynolds Metals Company
Work-refusal discrimination complaint dismissed
Michael P. Damron was discharged after refusing to operate a ball mill because he believed falling objects and spilled caustic liquid made the work unsafe. The judge found that falling objects had created an objectively real hazard and that Damron had reasonably raised his safety concerns. But…
Mayland Stone Company, Inc.
$600 settlement approved
Mayland Stone operated a crushed stone facility with 10 employees on one shift. The case involved a berm-standard violation under 30 C.F.R. § 56.9300, and the Secretary and Mayland agreed that the company would pay the originally assessed $600 penalty. Judge James A. Broderick noted that the…
William G. Hagy
Contest dismissed for lack of right to challenge company citation
William G. Hagy, identified as a section foreman, tried to contest a citation and withdrawal order issued to Consolidation Coal Company. The citation alleged a violation of 30 C.F.R. § 75.202(a), and the Secretary separately notified Hagy that a civil penalty might be proposed for knowingly…
Target Construction, Inc.
Dump-site citations affirmed after serious injury
Target Construction operated an open-pit gold and silver mine where a haul truck went over a dump bank and the driver suffered crushing injuries that resulted in the amputation of both legs. The judge found that the dump berm was too low to prevent overtravel and that cracks showed the ground might…
Adams Stone Corporation
Corrected supplemental decision adds interest and penalty
Adams Stone Corporation had previously been ordered to pay back wages and other benefits to Fred Bartley in a Mine Act discrimination case. In this corrected supplemental decision, Judge James A. Broderick credited the company for a $9,438 payment already made and calculated $316.75 in interest…
Great Western Coal, Inc.
Randy J. Collier v. Great Western Coal, Inc. (FMSHRC KENT 89-198-D): Discrimination proceeding dismissed
Randy J. Collier alleged that Great Western Coal discharged him because he had complained about unsafe equipment and working conditions. Judge James A. Broderick found that Collier's complaints about broken steps, heat, dust, steering, windshield wipers, and truck doors were protected activity. The…
Occidental Chemical Company
Settlement accepted and discrimination case dismissed
Richard W. Haviland brought a discrimination proceeding against Occidental Chemical Company concerning his discharge from employment at the Swift Creek Mine. The Secretary moved to withdraw the complaint after the parties reached a settlement that provided for compensation, restored fringe…
Island Construction Co., Inc.
Nine citations affirmed and $550 assessed
Island Construction operated a sand-extraction pit used for grading and fill. Judge James A. Broderick found that the operation was subject to the Mine Act because it extracted a mineral and affected interstate commerce through its equipment and sales. He affirmed nine citations involving brakes…
Adams Stone Corporation
Supplemental decision set aside for correction
The Secretary of Labor brought a discrimination proceeding on behalf of Fred Bartley against Adams Stone Corporation. Judge James A. Broderick said his November 13, 1989 supplemental decision had ordered back wages and other benefits based on a misunderstanding of the Secretary's back-wage…
Secretary of Labor v. Green River Coal Co., Inc.
Six mine-safety violations affirmed with $7,000 penalty
Green River operated the No. 9 underground coal mine in Kentucky, which employed about 200 miners and produced about one million tons of coal annually. The case involved inadequate ventilation that contributed to a methane explosion in which a loader operator suffered first- and second-degree…
Secretary of Labor on behalf of Robert Vaughn v. Sumco, Inc. and R.E. Summers
Back wages and penalty ordered
The Secretary brought this discrimination proceeding on behalf of Robert Vaughn, who was employed by Sumco, Inc. and R.E. Summers. After an earlier decision on the merits, the parties did not stipulate to the amount owed, so the Secretary submitted a calculation and the respondents did not reply…
Secretary of Labor v. Green River Coal Co., Inc.
Canopy and permissibility violations affirmed with $400 penalty
Green River operated the No. 9 underground coal mine in Kentucky, which employed about 200 workers and produced more than one million tons of coal each year. The case involved a scoop used at the coal face without its required canopy and a loading machine with a control-panel opening wider than the…
Rushton Mining Company v. Secretary of Labor
Weekly return-air-course examination violation modified
Rushton Mining operated an underground coal mine with several deep water holes in its return air courses. The company contested a citation alleging that the weekly examination was not made through the entire course and that required examiner initials, dates, and times were missing. Judge James A…
Clinchfield Coal Company
Discrimination complaint dismissed
James L. Woody, a long-serving miner at Clinchfield Coal's Moss No. 3 Preparation Plant, objected to being required to work four hours of overtime. He argued that the overtime requirement was connected to earlier complaints about excessive dust and that his age and health made the work unsafe. The…
Consol Pennsylvania Coal Company
Sprinkler citation vacated
MSHA cited Consol Pennsylvania Coal because nine combination belt-starter-transformer units did not have overhead sprinklers. The issue was whether those units were electrical controls covered by 30 C.F.R. § 75.1101-8(a). Judge James A. Broderick found that the units were enclosed in fireproof…
Don Griffith Construction
Discrimination settlement approved and case dismissed
Charles Herren brought a Mine Act discrimination proceeding against Don Griffith Construction. The parties amended their settlement so the respondent would pay Herren $2,000, representing three weeks of back wages and damages. Judge James A. Broderick approved the agreement under section 105(c) and…
Secretary of Labor on behalf of Robert Vaughn v. Sumco, Inc. and R.E. Summers
Discriminatory discharge found and relief ordered
Robert Vaughn worked for Sumco, Inc. and R.E. Summers at a coal reclamation operation. Judge James A. Broderick found that Summers discharged Vaughn in part because the operator was concerned that Vaughn lacked required safety training and that MSHA might issue another citation or closure order…
Williams Mechanical and Welding, Inc.
Lifeline violation affirmed with $900 penalty
Williams Mechanical and Welding was performing maintenance and repair work inside a gypsum storage bin at Giant Cement's quarry and cement plant. Tyrone Gardner entered the bin without fastening his safety belt to a lifeline and was later pinned by gypsum and killed. Judge James A. Broderick found…
IMC Fertilizer, Inc.
Loader brake citations affirmed without S&S findings
IMC Fertilizer operated a phosphate mine where an inspector found inadequate brakes on a Caterpillar 980 loader and a Clark 275 loader. After hydraulic fluid was added to the Caterpillar and the Clark's brakes were adjusted, both machines stopped in two or three feet instead of seven or eight feet…
What these documents are
- The agencies: Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB). Each decision page names its agency.
- Commission and Board decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.